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(영문) 대전지방법원 천안지원 2016.08.18 2016고단1186
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On June 17, 2016, the Defendant violated the Road Traffic Act (Non-licenseless Driving) driving a Dice-type car at approximately 11.67 km section from the front of the Defendant’s dwelling in the south-gu, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-gu, Yan-dong to the apartment parking lot for approximately 11.67 km from the front of the Defendant’s dwelling in the Nam-gu, Nam-gu, Nam-gu, Chungcheongnam-gu without a driver’s license.

2. On June 17, 2016, the Defendant was under the influence of alcohol with 0.264% in blood without a vehicle driver’s license on violation of the Road Traffic Act (drinking driving) and violation of the Road Traffic Act (dice driving). On June 17, 2016, the Defendant driven a car from approximately 100 meters in the direction of approximately 10 meters from the apartment parking lot of the north-gu, Yan-gu, Yanan-gu to the two-use roads in the west-gu, Yananan-gu.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Notification of the crackdown on drinking drivers;

1. A report on the detection of a primary driver;

1. Application of Acts and subordinate statutes to the driving license ledger;

1. Article 148-2 (2) 1, Article 44 (1) (the point of drinking) of the Traffic Act and Article 152 Subparag. 1 and Article 43 (the point of driving without Driver’s License) concerning facts constituting an offense;

1. Article 40 and Article 50 of the Criminal Act of the Commercial Concurrent Crimes (the crime as indicated in the judgment of the court is a crime that violates the Road Traffic Act and a crime that violates the Road Traffic Act as stated in the judgment of the court, and the punishment is a crime that violates the Road Traffic Act with heavy punishment; 1. The former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act of the aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The Defendant committed the instant crime even with the record of the same kind of crime for the reason of sentencing under Article 62-2 of the Criminal Act (in particular, the Defendant was sentenced to a suspended sentence of ten months on July 18, 2014 due to a crime of violating road traffic law in the Support of the Daejeon District Court, Daejeon District Court on July 18, 2014 and was sentenced to a suspended sentence of two years on October 26 of the same month, and the said judgment became final and conclusive, and committed a crime during the suspended sentence period.).

However, there is no particular criminal history in addition to the above criminal records, and they are detained for a considerable period.

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